Shailesh Bhailalbhai Patel vs State Of Gujarat
2023 Latest Caselaw 4337 Guj

     R/CR.MA/26564/2017                                       ORDER DATED: 12/06/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 26564 of 2017

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                          SHAILESH BHAILALBHAI PATEL
                                    Versus
                          STATE OF GUJARAT & 1 other(s)
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Appearance:
DARSHAN M VARANDANI(7357) for the Applicant(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                 Date : 12/06/2023
                                  ORAL ORDER

1. When the matter is called out, learned advocate for the

applicant has tendered the affidavit dated 12.6.2023 filed by

niece of respondent No.2, who happens to be wife of the

applicant herein. As per submission made by the applicant,

the husband and wife are living together.

2. This application is filed for seeking following reliefs:-

"A) That the Hon'ble Court be pleased to quash FIR

being I-C.R.No 52 of 2017 registered with Sojitra Police

Station, Anand.

B) That pending the hearing and final disposal of the

petition, that the Hon'ble Court be pleased to stay

further proceedings/investigations in respect of FIR

R/CR.MA/26564/2017 ORDER DATED: 12/06/2023

being I-C.R.No 52 of 2017 registered with Sojitra Police

Station, Anand.

C) For ad-interim reliefs in terms of prayer (B) above;

D) For such other and further relief as the

circumstances of case may require."

3. It transpires that the compliant is filed by uncle of the

applicant's wife under Section 365, 323, 504, 506(2) & 114 of

the I.P.C. From bare perusal of the complaint, it transpires

that no ingredients, made in the alleged offence are satisfied

under the provisions of I.P.C. Moreover, considering the

affidavit filed by the wife, now she is staying with the

husband - applicant and she has no objection if such

complaint will be quashed.

4. Considering the totality of facts and circumstances of

the case and considering the judgment of the Hon'ble Apex

Court in the case of State of Haryana versus Bhajan Lal and

Others reported in AIR (1992) SC 604, this Court deems it

fit that no fruitful purpose will be served if such complaint

is admitted.

5. Therefore, the F.I.R. being I-C.R. No.52 of 2017

registered with Sojitra Police Station, Anand is quashed and

R/CR.MA/26564/2017 ORDER DATED: 12/06/2023

set aside. Consequential proceeding, if any, is also quashed

and set aside.

Direct service is permitted.

(SANDEEP N. BHATT,J) DIWAKAR SHUKLA